Sec. 1136. ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL REGIME
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## SEC. 1136 ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL REGIME ###
(a)Clarification of Requirement for Control Section 74 of the Arms Export Control Act (22 U.S.C. 2797c) is amended— ####
(1)by inserting “(a) In General.—” before “For purposes of”; and ####
(2)by adding at the end the following: > > ### “(b) International Understanding Defined > > For purposes of subsection (a)(3), as it relates to any international understanding concluded with the United States after January 1, 2000, the term ‘**international understanding**’ means— > > > #### “(1) > > any specific agreement by a country not to export, transfer, or otherwise engage in the trade of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this Act; or > > > #### “(2) > > any specific understanding by a country that, notwithstanding section 73(b) of this Act, the United States retains the right to take the actions under section 73(a)(2) of this Act in the case of any export or transfer of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this Act.” > . ###
(b)Clarification of Applicability Section 73(b) of the Arms Export Control Act (22 U.S.C. 2797b(b)) is amended— ####
(1)by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and moving such subparagraphs 2 ems to the right; ####
(2)by striking “ Subsection
(a)” and inserting the following: > > #### “(1) In general > > Except as provided in paragraph (2), subsection (a)” > ; and ####
(3)by adding at the end the following: > > #### “(2) Limitation > > Notwithstanding paragraph (1), subsection
(a)shall apply to an entity subordinate to a government that engages in exports or transfers described in section 498A(b)(3)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a(b)(3)(A)).” > . ###
(c)Enforcement Actions Section 73(c) of the Arms Export Control Act (22 U.S.C. 2797b(c)) is amended by inserting before the period at the end the following: ``, and if the President certifies to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that—" “(1) for any judicial or other enforcement action taken by the MTCR adherent, such action has—” " n comprehensive; and > > ##### “(B) > > been performed to the satisfaction of the United States; and > > > #### “(2) > > with respect to any finding of innocence of wrongdoing, the United States is satisfied with the basis for such finding” > . ###
(d)Policy Report Section 73A of the Arms Export Control Act (22 U.S.C. 2797b–1) is amended— ####
(1)by striking “ Following any action ” and inserting the following: > > ### “(a) Policy Report > > Following any action” > ; and ####
(2)by adding at the end the following: > > ### “(b) Intelligence Assessment Report > > At such times that a report is transmitted pursuant to subsection (a), the Director of Central Intelligence shall promptly prepare and submit to the Congress a separate report containing any credible information indicating that the country described in subsection
(a)has engaged in any activity identified under subparagraph (A), (B), or
(C)of section 73(a)(1) within the previous two years.” > . ###
(e)MTCR Defined The term “**MTCR**” means the Missile Technology Control Regime, as defined in section 74(a)(2) of the Arms Export Control Act (22 U.S.C. 2797c(a)(2)).
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- 22 USC 2797b–1
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Sec. 1136
ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL REGIME
Cite22 USC 2797b–1
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